The following special topics may apply to your activities. You should consult with OEC regarding these:
Foreign Influence in University Research
US Government agencies have shared their growing concerns with respect to inappropriate actions by foreign adversaries at the university level, and have expressed their dedication to protect US research and innovation. Thus, academic institutions have an increasing responsibility for faculty members to disclose their connections with foreign governments and entities. The University of Hawaiʻi promotes and encourages international collaboration, while emphasizing the importance for investigators to be open and transparent in regards to their foreign relationships and activities.
Read more: Foreign Influence in University Research
Federal Ban on Drones From Certain Foreign Entities
Last updated: 4/1/2026
Overview
Federal requirements now restrict the purchase, use, and operation of certain unmanned aircraft systems (UAS), commonly called drones, in federally funded research. These restrictions are intended to protect sensitive research data and reduce national security and data security risks tied to certain foreign entities.
The Federal Acquisition Regulation (FAR) clause 52.240-1, “Prohibition on UAS Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities” and the Department of Defense (DoD) 1260H restrictions impose strict limitations on drones associated with certain non-domestic entities.
FAR 52.240-1 Prohibition
Effective, December 22, 2025, Federal Acquisition Regulation (FAR) clause 52.240-1, “Prohibition on UAS Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities” prohibits the procurement, operation and use of UAS or drones manufactured or assembled by entities that the Federal Acquisition Security Council (FASC) designated as “American Security Drone Act-covered foreign entities” (ASDA-covered entities). The official list is published in SAM.gov and may change over time.
Key Prohibitions
- Contractors may not deliver, use, or procure any UAS from these ASDA-covered entities in performance of federal contracts where the FAR clause is included in the award.
- Federal funds cannot be used to acquire or operate such UAS.
- These restrictions must be flowed down to all subcontractors and subawardees.
DoD 1260H Prohibited Entities
The Department of Defense established the DoD 1260H List, under the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021, identifying Chinese Military Companies operating in the United States.
The list of prohibited entities includes popular UAS manufacturers:
- DJI (Shenzhen DJI Innovation Technology Co., Ltd.)
- Autel Robotics Co., Ltd.
- Aerospace CH UAV Co., Ltd.
- Chengdu JOUAV Automation Tech Co., Ltd. (JOUAV)
The list is maintained on SAM.gov and should be checked regularly.
Compliance Requirements
- Contractors must ensure that no UAS or related components from listed companies are used in DoD-funded projects.
- DJI, Autel, and other restricted UAS brands are strictly prohibited on DoD-funded projects.
- Organizations must conduct supply chain due diligence to verify compliance with these regulations.
FCC Temporary Exemption
On January 7, 2026, the Federal Communications Commission (FCC) released a new Public Notice updating a notice from the Department of Defense (DoD) to announce the exemption of certain uncrewed aircraft systems (UAS) and UAS critical components from the FCC Covered List.
The DoD concluded the following equipment does not pose an unacceptable risk to national security and therefore should be removed from the FCC’s Covered List:
- UAS and UAS critical components included on the Defense Contract Management Agency’s (DCMA) Blue UAS Cleared List (until January 1, 2027)
- UAS and UAS critical components that qualify as “domestic end products” under the Buy American Standard (until January 1, 2027)
Compliance and Next Steps
Before you buy, rent, lease, or use a drone on a federally funded project:
- Confirm the award type and terms. Identify if federal funds are involved (and whether it includes FAR 52.240-1) or a grant agreement with drone restrictions.
- Check whether the drone is covered. Verify the manufacturer against SAM.gov and 1260H lists before purchase or use.
- Prioritize the DoD Blue UAS Cleared List for the strongest compliance assurance.
- Cease operations using prohibited UAS after December 22, 2025, for any federal award whether the FAR clause applies or DoD contract.
- Ensure that all subcontracts involved in federal research of DoD projects are informed and compliant.
- Maintain records of drone procurement, ownership, usage, and verification checks.
Questions?
Contact the UH Office of Export Controls at uhoec@hawaii.edu if you have any questions or concerns about purchasing, using, or exporting a drone.
Non-compliance may result in contract termination, legal penalties, and loss of federal funding. Timely action is recommended to ensure alignment with these federal mandates.
Encryption
Encryption technology, particularly strong encryption, is highly regulated for export purposes and the source code and object code of such encryption may not be shared with Foreign Nationals without getting specific export licenses. Many of the exemptions from export controls that are afforded to university research are not applicable to sharing encryption technology.
Select Agents and Toxins
Physical exports as well as deemed exports pertaining to biological materials, chemicals, microorganisms and toxins can be export-controlled.
Department of Defense Development Funding
The International Traffic in Arms Regulations (ITAR) covers certain development activities undertaken as a result of Department of Defense funding. Read the Memo Regarding Department of Defense Awards (May 26, 2015) for additional information.